The Supreme Court has defined the criteria for the imposition of punishment for collaboration which consisted in the implementation of the educational standards of the aggressor state

The local court sentenced an individual to 3 months of arrest for committing a crime under part 3 of Article 111-1 of the Criminal Code of Ukraine with deprivation of the right to hold positions related to the performance of organisational, administrative and economic functions in educational institutions for a period of 10 years.

During the occupation of the town of Kupiansk, Kharkiv region, the convict temporarily acted as the head of the educational department set up by the occupation authorities, implementing the russian curriculum and calling on others to cooperate with the aggressor state.

The court of appeal overturned the local court's verdict in part of the additional punishment and passed a new verdict, imposing an additional punishment on the convicted person in the form of deprivation of the right to hold positions related to the performance of organisational, administrative and economic functions in educational institutions, as well as the right to hold positions in state authorities, public administration, local self-government in the field of education for a period of 10 years. 

The Criminal Cassation Court of the Supreme Court overturned the verdict of the court of appeal and ordered a new appeal hearing in this criminal proceeding.

The Supreme Court pointed out that the court of appeal did not pay due attention to the fact that the convicted person had committed a crime against the foundations of the national security of Ukraine, which posed a significant public danger, and had also committed actions aimed at implementing the educational standards of the aggressor state in educational institutions during martial law. Therefore, the principal sentence of arrest imposed on her does not comply with the general principles of sentencing, the principles of legality, fairness, proportionality and individualisation of punishment and will not contribute to the correction of the convicted person and the prevention of new offences.

Therefore, the Criminal Cassation Court of the Supreme Court concluded that in these circumstances, the imposition of the principal punishment of arrest was an incorrect application of the law of Ukraine on criminal liability, which led to the leniency of the sentence imposed and the inconsistency of the decision of the court of appeal with the requirements of Articles 370 and 420 of the Criminal Procedural Code of Ukraine.

The Resolution of the Criminal Cassation Court of the Supreme Court of 29 January 2024 in case no. 183/184/23 (proceedings no. 51-5942км 23) - https://reyestr.court.gov.ua/Review/116705036.

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